“The need and importance of protecting the interests of children cannot unreasonably impede the turnover of real estate” — Oleg Ganyushin’s comment to the Legal Information Agency
To protect the housing rights of minors, it is planned to tighten control over the sale of apartments. The need of taking such measures was confirmed by the constitutional court of Russia. But their implementation can result in destabilization of almost the entire residential real estate market and increase of risks for honest buyers.
The current legislation provides for a special procedure for the sale of apartments in which minors live, under guardianship or guardianship or without parental care. Information about such children is included in the Unified state register of real estate, and transactions on alienation of their housing can be made only with the consent of authorized bodies of guardianship and guardianship.
The opinion of Oleg Ganyushin, the leading lawyer of "Prime Advice":
The idea of protecting the housing rights of children is good in itself. But while recognizing the importance of the social functions of the state, it is difficult to deny that the primary concern for minors, including housing, lies with the family itself.
The existing legislation, in my opinion, reflects the balance of interests – the need and importance of protecting the interests of children can not unreasonably interfere with the turnover of real estate. In particular, the alienation of an apartment in which the minors under guardianship or custody or who remain without parental care is permitted with the consent of the guardianship authority. The idea of expanding their authority over any children, including those living in "normal" families, seems to be excessive interference in family affairs and upsets the balance between the public and the private.
The substance of the proposed changes is also somewhat skeptical. Some "written obligation" and the actions of the guardianship authority, the prosecutor or even the parents themselves to protect the rights of minors. These persons must protect the interests of minors by law. Therefore, another blanket rule about this does not carry any meaning. It is unclear even to whom it is given - to children, buyers, guardianship authorities?